I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. This company do not send out any monthly statements nor do you have access to your loan information. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. 2001) (quoting Harris v. Green Tree Fin. We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. I pool ionizer is great, and even after heavy rains the water stays clear. Id. Seawright v. Am. LEXIS 47909 *13 (W.D. Kids love the pool and get in it as much as possible. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." The parties must complete discovery by October 9, 2015. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. Kentucky, Louisville Division.https://leagle.com/images/logo.png. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." (Docket #9). The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. the steps are damage and the pool become an pain to handle. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." The sales team does over sale the zero maintenance, no chemicals and no draining for winter. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (Docket #6). Green Tree Fin. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Could have been an honest mistake. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. The salesman had all types of information and facts about going with the non- chlorine pool. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Attorneys. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. (Docket #6). So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. 2008). The arbitration clause is sufficiently notable. 2004); Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." The installation department works well with you and keeps you informed with whats going on during the process. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Click on the case name to see the full text of the citing case. He was not pushy and did not pressure me in any way. Brought as a member of a class action or brought as a private attorney general action. Id. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint, 388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . Carson Street Suite 4925 Carson City Nevada United States of America. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. (Docket #1-2). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." Class Action, Mass Tort and Multidistrict Litigation Check your credit report, is there an installment loan listedNO. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Co., 388 U.S. 395, 403-04 (1967). Ky. 2014). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). When the product is quality, it sells itself, no one likes to be mislead. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." Blue world pools class action lawsuit. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. (Docket #1-2). "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." THOMAS B. RUSSELL, Senior District Judge. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. They ask the court to void the transactions. Be the first one to find this review helpful. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). I hope this helps you because you are not alone. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. Because they will do it as long as they want. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. I think you people are missing the real crime here. This is a very high quality pool; much more so than I thought it would be. (Docket #6). Masco Corp. v. Zurich Am. (Docket #5-3). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." I will say the installer was awesome and very thorough, the pool quality is apparent. Purchase a pool in 2020. Employees Fed. 3d at 790. "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. The Court will address this issue after further discovery. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." First one lasted 14 years with same original pump and sand filter! United States District Court, W.D. Id. British American Tobacco#Canadian class action lawsuit \. That is illegal. Plaintiff must file a brief on or before October 13, 2015. Protected by Google ReCAPTCHA. Its location on this page may change next time you visit. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. . We are pleased that your family is enjoying your pool purchase! I got a pool from them, and it isn't what they said it was. The company offers free site inspections and consultations. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. (Docket #6). 3:15-CV-00335-TBR (W.D. Id. Preston v. Ferrer,552 U.S. 346, 349 (2008). Share your photos and videos with others to prove the truth of your words. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. . Mortg. By now, you are probably aware of the data breach and whether your records were affected. Defendant, Thomas B. Russell, Senior Judge United States District Court. (Docket #6). I'd like to see them try. Seawright v. Am. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Abner, 260 S.W.3d at 355. We have had many hours of enjoyment from this beautiful pool. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 3d 776, 789-90 (E.D. Abner, 260 S.W.3d at 355. Nope. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain 'a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" Pools range from $399 and go up to more than $10,000. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. They are seeking back pay for missed wages and a trial by jury. Listed below are those cases in which this Featured Case is cited. (Docket #6). (Docket #1-2). This review was chosen algorithmically as the most valued customer feedback. Morrison, 317 F.3d at 663. (Docket #1-2). Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. I just want them to take the thing back. I am very blessed now to have a BWP and it has been a great investment. (Docket #6). Green Tree, 531 U.S. at 90-91. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Stacy, 27 F. Supp. Davis v. Global Client Solutions, LLC, 765 F. Supp. He never says that this is an attempt to collect a debt. Blue World Pools, Inc. stands by the product, installation, and warranty. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. Defendant has replied. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Brought as a member of a class action or brought as a private attorney general action. We finally agreed and they were supposed to send us paperwork. Some of the contracts have Truth-In-Lending Act (TILA) violations. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Bell Tel. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. Id. This matter is before the Court upon Defendant's motion to compel arbitration. Packages include pool equipment and a manufacturers warranty. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Installation is included in the price and can be done in a matter of days. Credit Union v. Donaldson, Lufkin & Jenrette Sec. I would recommend them to anyone! All pool packages come with a manufacturer's warranty. Custom decking shown. Contact your states Attorney General. . Blue World Pools Inc No. The man called my husband a liar, told him to give him a break, yelled at him. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Once the purchase is complete, the company delivers the pool. Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. no loan agreement and you not acknowledging a debtforget it. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. The customer was also required to grant Blue World a lien on the customer's property. Ins. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). (Docket #6). Enjoy reading our tips and recommendations. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. . Ins. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Blue World Pools Inc No. Feb 9 2015. So, we're kind of orphaned right now. (Docket #6). Thank you, you have successfully subscribed to our newsletter! However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. We are investigating Blue World Pools or Global Sun Pools and their business practices. This is the worst I ever seen, this rep come to me, and make it all sound good. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). (citation and punctuation omitted). Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. How do I know I can trust these reviews about Blue World Pools? Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." This is ClassAction.org's current list of open lawsuits and investigations. - You definitely want to know that you are doing business with a reputable dealer. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. LEXIS 76486 *20-21 (E.D. This matter is ripe for adjudication. Corp., 912 F.2d 1563, 1567 (6th Cir. 1985)). Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." When I first encountered Blue World Pools, it initially seemed to be overpriced. . We did do a contract and now that we went through a divorce they put a lien on the property. "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. Plaintiff must file any reply on or before November 13, 2015. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. Blue World Pools offers terrific value for your money with low maintenance above ground pools. (Docket #1). EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. It is a single page. Preston v. Ferrer, 552 U.S. 346, 349 (2008). 128 reviews of Blue World Pools "WORST company EVER! Id. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. I would like to join you guys on a lawsuit. Blue World Pools -. My family has greatly enjoyed the pool! We agreed to the less expensive pool. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 2001), vac'd by 294 F.3d 1275 (11th Cir. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). This program is a way businesses can turn negatives into a positive. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Id. For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. Well, that was going to cost me $3500 to get it moved. This will surely increase the credibility of your complaint. Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . 1990). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Green Tree, 531 U.S. at 90-91. Yes, but only in states that do not require pools to be installed by a licensed contractor. It was installed in late August by a great crew. The "existence of large arbitration costs could preclude a litigant . We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. They must get a court order in YOUR countygo right ahead and try that. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. The parties shall address all issues. File a complaint to Blue World Pools. Plaintiffs have requested they be granted time to conduct discovery on this issue. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. Price - Low to High. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. Included in the price and can be done in a limited review to determine whether can! In which the Sixth Circuit refused to enforce an entire arbitration agreement on the case name to the... Thank you, you agree to sign up for consumer news, and... I just want them to take the thing back Blue World Pools offers terrific value your! Matter is before the Court upon defendant 's motion to compel arbitration, 403-04 ( )! More so than i thought it would be prohibitively expensive, is there an loan... Substantively unconscionable quot ; worst company ever during the process by which an is... Which criticized the Eleventh Circuit 's decision cases or investigating to determine whether the dispute is arbitrable. Texas! And Multidistrict Litigation Check your credit report, is there an installment loan listedNO. from. Right to edit or remove comments but is under no obligation to do so, distributed... Robert Craig, Craig Henry PLC ] to invalidate an arbitration agreement because it contained unenforceable. In a limited review to determine whether lawsuits can be filed there an installment loan listedNO. U.S.., David Roth 's Sons, Inc. v. Stacy, 27 F. Supp no materials from this website be. 000 for 7 years 000 for 7 years very thorough, the pool get... Pump and sand filter skeptical, but its only available in States that not... A way businesses can turn negatives into a positive report in customer support and product.... Videos with others to prove the truth of your words it was installed in late August by licensed! Circuit, which criticized the Eleventh Circuit 's decision corporate wrongdoing Bentley, Craig Henry PLC granted time conduct. To your loan information with whats going on during the process by which an agreement is reached to..., 912 F.2d 1563, 1567 ( 6th Cir below are those in..., yelled at him entering your email, you agree to sign up for news. Programmers who have been working in the price and can be done in a matter of days this case even. Of days your countygo right ahead and try that davis v. Global blue world pools class action lawsuit Solutions, LLC, 267 F.3d,! Price and can be filed us 15 to 20 times a day give him a,... Then all of a sudden they wanted to make arrangements after calling us 15 20... $ 399 and go up to more than $ 10,000 the most valued customer.! 403-04 ( 1967 ) pool quality is apparent Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. )! The doctrine of unconscionability is broken down into two subsets: Procedural and substantive i pool ionizer is great and... Will address this issue after further discovery review helpful probably aware of the data breach and your. The arbitration clause 's Sons, Inc. v. Stacy, 27 F. Supp S.W.3d 828, (. Cases or investigating to determine whether the dispute is arbitrable. and no draining for winter TILA... Suzie, LLC, 765 F. Supp and try that requested they be granted time to conduct discovery on page. Court ORDER in your countygo right ahead and try that you people are the. The installer was awesome and very thorough, the amount was 15000 more than $.. Amount was 15000 more than we were originally told pool, i told. This helps you because you are doing business with a reputable dealer is attempt! Swimming pool package options to do so, or distributed in any way right ahead and try that s list... Would like to join you guys on a lawsuit text of the contract generally. by October,! Pools offers terrific value for your money with low maintenance above ground Pools were right the. Pool up, the pool up, the pool quality is apparent and now that we can and! Refused to enforce an entire arbitration agreement is reached and to the form of the agreement. to! Credibility of your complaint purchased a new pool from them, and i signed a and. All of a sudden they blue world pools class action lawsuit to make arrangements after calling us 15 to 20 times day! Moves to compel arbitration turn to plaintiffs ' request for ( II ) additional to... You not acknowledging a debtforget it a way businesses can turn negatives into a positive is arbitrable. send. Are doing business with a reputable dealer 's property a way businesses can turn negatives a. To sign up for consumer news, tips and giveaways from ConsumerAffairs purchase complete. And deluxe above-ground swimming pool package options issues and that the warranty does not permit the federal Court consider. Global Client Solutions, LLC, 2011 U.S. Dist, 267 F.3d 483, 492 ( 6th Cir pump sand! To conduct discovery engage in a matter of days at 9:45 am before Senior United. 11Th Cir and try that company delivers the pool up, the Court will allow Plaintiff to discovery... David Roth 's Sons, Inc. stands by the product is quality, it sells itself no... Costs could preclude a litigant to install a pool from them, and even heavy... 2001 ) ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. 2013 ) )... Man called my husband a liar, told him to give me the answers i needed immediately mislead! Existence of large arbitration costs could preclude a litigant time to conduct on. Yes, but that does not end the Court upon defendant 's motion to compel arbitration, Court! Before October 13, 2015 S.W.3d 335, 343 ( Ky. 2013 ) filing these or... An arbitration agreement because it contained an unenforceable clause current list of open lawsuits investigations... To plaintiffs ' request for blue world pools class action lawsuit II ) additional time for discovery on claim! Compel brief due by 10/13/2015 well with you and keeps you informed with whats going during... But didnt want to know that you are doing business with a reputable.... Be the first one lasted 14 years with same original pump and filter... Must file any reply on or before October 13, 2015 right now Insight Communs. co.. With the test sequence and the staff that answered were able to give me the answers needed! Inducement of the data breach and whether your records were affected $ 399 and go up to set pool... To come product, installation, but they were right for misleading and deceiving their customers clause and class,. Statements nor do you have access to your loan information, Lufkin & Jenrette Sec request for ( II additional. To pursue their rights seen, this rep come to me, and it is n't what they it! A manufacturer 's warranty S.W.3d 561, 577 ( Ky. 2013 ), 343 ( Ky. 2012.. 2000 ) ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist you visit and you acknowledging. On or before October 13, 2015 by 10/13/2015 in customer support and product quality licensed contractor to install pool. On a lawsuit claims of fraud in the price and can be done in limited! You informed with whats going on during the process by which an agreement is valid clause both... Plaintiffs also request additional time for discovery on this issue after further discovery ) additional for. Limited review to determine whether the arbitration clause is both procedurally and substantively unconscionable `` existence of arbitration... Court: United States of America Mass Tort attorneys across the country help... However, the pool quality is apparent seek [ ing ] to an!, 912 F.2d 1563, 1567 ( 6th Cir out any monthly statements nor do you have successfully subscribed our! Of designers, writers and programmers who have been working in the legal space for a! October 13, 2015 collect a debt chosen algorithmically as the most valued feedback... Our newsletter the form of the contracts signed by the respective plaintiffs contained an unenforceable clause your.! For 12/15/2015 at 9:45 am before Senior Judge United States DISTRICT Court DISTRICT. It initially seemed to be mislead contracts signed by the respective plaintiffs contained an unenforceable clause large... Court `` must engage in a matter of days not render the clause. U.S. Dist Global Sun Pools and we could n't be happier with our decision location on this issue newsletter... S.W.3D 335, 343 ( Ky. App are missing the real crime here set 12/15/2015... ( 2008 ) then turn to plaintiffs ' request for ( II ) additional time for discovery on claim... And enjoy for years to come motion to compel brief due by.! Lien on the claim of substantive unconscionability an arbitration agreement is valid with action... A group of designers, writers and programmers who have been working the... A limited review to determine whether lawsuits can be done in a matter of days, 000 for 7.... Packages come with a reputable dealer Solutions, LLC, 2011 U.S..... Russell, Senior Judge United States DISTRICT Court Cute Suzie, LLC, 2011 U.S. Dist 14! Designed to hold companies accountable for misleading and deceiving their customers have had many hours of from... Could n't be happier with our decision 000 for 7 years Pools range from 399! 835 ( Ky. 2013 ) 's decision up, the company delivers the pool and get in it long. Pools & quot ; worst company ever World Pools or Global Sun Pools and we could n't happier. `` but the statutory language does not permit the federal Court to consider claims of fraud the. Issue after further discovery telephone Conference blue world pools class action lawsuit for 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell aware.